Legal Opinion

L'Heureux v. Homecomings Financial Network, Inc. (In Re L'Heureux)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided February 25, 2005No. 04-6060EAPublishedCited by 4 opinions

1Opinion of the Court

MAHONEY, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court 1 dated October 12, 2004, dismissing an adversary proceeding in which the debtor alleged a violation of the automatic stay of 11 U.S.C. § 362 and asserted actual and punitive damages resulting from such violation. For the reasons stated below, we affirm.

Jurisdiction

We have jurisdiction pursuant to 28 U.S.C. § 158(b) and (c) to hear this appeal of a final order issued by the bankruptcy court.

Background

Plaintiff filed a voluntary Chapter 13 bankruptcy petition on August 20, 2001. On the petition date there was…

2Cases cited10 opinions

  1. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
  2. Cepelak v. Sears (In Re Sears)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  3. Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  4. In Re George E. Dawson and Barbara J. Dawson, Debtors. George Dawson and Barbara J. Dawson v. Washington Mutual Bank, F.A., Successor to Great Western BankCourt of Appeals for the Ninth Circuit · 2004
  5. In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005

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3Cited by4 opinions

  1. Collier v. Hill (In Re Collier)United States Bankruptcy Court, E.D. Texas · 2009
  2. In Re AndersonUnited States Bankruptcy Court, S.D. Iowa · 2010
  3. Bateman v. Southern Development Corp. (In Re Bateman)United States Bankruptcy Court, E.D. Arkansas · 2010
  4. In re: Michael P. Higgins v. HIOB, LLC and Yellow Comb, LLCUnited States Bankruptcy Court, E.D. Arkansas · 2025

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